PUSHPA DEVI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) -THIS appeal is against the order dated 23rd April, 2003 passed by the District Consumer Forum, Bhilwara whereby the complaint of the complainant was dismissed. The complainant owns a Jeep, which was comprehensively insured for the period from 17. 3. 1999 to 16. 3. 2000. The said Jeep met with an accident on 15. 9. 1999. Claim was filed by the complainant with the Insurance Company claiming Rs. 95,340. Surveyor was appointed by the Insurance Company who assessed the loss at Rs. 38,319. After deducting salvage value the total amount found payable was Rs. 35,190. The claim was repudiated by the company on the ground that at the time of accident, the vehicle had no fitness certificate. The complaint was dismissed on this ground alone. Feeling aggrieved this appeal has been filed.

(2.) THE learned Counsel for the complainant submitted that at the most, it is a case of violation of provisions of Motor Vehicles Act. The Surveyor has nowhere mentioned that non-existence of fitness certificate has contributed to the accident and, therefore, simply on this technical ground, the claim should not have been rejected. The learned Counsel frankly conceded that the claim can be allowed on non-standard basis.

(3.) THE learned Counsel for the respondent while citing the judgment of the National Commission in Aeroflot Soviet Airlines v. United India Insurance Co. Ltd. , IV (2006) CPJ 62 (NC), submitted that the certificate of fitness of transport vehicle is mandatory under Section 56 of the Motor Vehicles Act and in case the Vehicle is brought on the road without having fitness certificate, claim for own damage can not be allowed.